The Board of Trustees of the Village of Amityville finds that
the potential and/or actual damages from flooding and erosion may
be a problem to the residents of the Village of Amityville and that
such damages may include: destruction or loss of private and public
housing, damage to public facilities, both publicly and privately
owned, and injury to and loss of human life. In order to minimize
the threat of such damages and to achieve the purposes and objectives
hereinafter set forth, this chapter is adopted.

It is the purpose of this chapter to promote the public health,
safety, and general welfare, and to minimize public and private losses
due to flood conditions in specific areas by provisions designed to:

Unless specifically defined below, words or phrases used in
this chapter shall be interpreted so as to give them the meaning they
have in common usage and to give this chapter its most reasonable
application.

A designated AO,
AH or VO Zone on a community's Flood Insurance Rate Map (FIRM)
with a one-percent or greater annual chance of flooding to an average
annual depth of one foot to three feet where a clearly defined channel
does not exist, where the path of flooding is unpredictable and where
velocity flow may be evident. Such flooding is characterized by ponding
or sheet flow.

The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year. This
area may be designated as Zone A, AE, AH, AO, A1-A30, A99, V, VO,
VE, or V1-V30. It is also commonly referred to as the base floodplain
or one-hundred-year floodplain. For purposes of this chapter, the
term "special flood hazard area (SFHA)" is synonymous in meaning with
the phrase "area of special flood hazard."

A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces without causing damage to the
elevated portion of the building or the supporting foundation system.

An area of special flood hazard extending from offshore to
the inland limit of a primary frontal dune along an open coast and
any other area subject to high-velocity wave action from storms or
seismic sources. The area is designated on a FIRM as Zone V1-V30,
VE, VO or V.

An enclosed area beneath the lowest elevated floor, 18 inches
or more in height, which is used to service the underside of the lowest
elevated floor. The elevation of the floor of this enclosed area,
which may be of soil, gravel, concrete or other material, must be
equal to or above the lowest adjacent exterior grade. The enclosed
crawl space area shall be properly vented to allow for the equalization
of hydrostatic forces which would be experienced during periods of
flooding.

Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, paving, excavation or drilling operations or storage
of equipment or materials.

A non-basement building built, in the case of a building
in Zones A1-A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top
of the elevated floor, or in the case of a building in Zones V1-30,
VE, or V, to have the bottom of the lowest horizontal structure member
of the elevated floor, elevated above the ground level by means of
pilings, columns (posts and piers), or shear walls parallel to the
flow of the water; and adequately anchored so as not to impair the
structural integrity of the building during a flood of up to the magnitude
of the base flood. In the case of Zones A1-A30, AE, A, A99, AO, AH,
B, C, X, or D, "elevated building" also includes a building elevated
by means of fill or solid foundation perimeter walls with openings
sufficient to facilitate the unimpeded movement of floodwaters. In
the case of Zones V1-V30, VE, or V, "elevated building" also includes
a building otherwise meeting the definition of "elevated building",
even though the lower area is enclosed by means of breakaway walls
that meet the federal standards.

An official map of the community published by the Federal
Emergency Management Agency as part of a riverine community's
Flood Insurance Study. The FBFM delineates a regulatory floodway along
watercourses studied in detail in the Flood Insurance Study.

An examination, evaluation and determination of the flood
hazards and, if appropriate, corresponding water surface elevations,
or an examination, evaluation and determination of flood-related erosion
hazards.

An official map of a community, issued by the Federal Emergency
Management Agency, where the boundaries of the areas of special flood
hazard have been designated as Zone A but no flood elevations are
provided.

"Flood" or "flooding" also means the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection A(1) above.

Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.

A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water, such as a docking
or port facility necessary for the loading and unloading of cargo
or passengers, shipbuilding, and ship repair facilities. The term
does not include long-term storage, manufacturing, sales, or service
facilities.

Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;

Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;

The person appointed by the community to administer and implement
this chapter by granting or denying development permits in accordance
with its provisions. This person is the Code Enforcement Officer.

Lowest floor of the lowest enclosed area (including basement
or cellar). An unfinished or flood-resistant enclosure, usable solely
for parking of vehicles, building access, or storage in an area other
than a basement area is not considered a building's lowest floor;
provided that such enclosure is not built so as to render the structure
in violation of the applicable nonelevation design requirements of
this chapter.

A structure, transportable in one or more sections, which
is built on a permanent chassis and designed to be used with or without
a permanent foundation when connected to the required utilities. The
term does not include a recreational vehicle.

For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929, the North American
Vertical Datum of 1988 (NAVD 88), or other datum to which base flood
elevations shown on a community's Flood Insurance Rate Map are
referenced.

Structures for which the start of construction commenced
on or after the effective date of a floodplain management regulation
adopted by the community and includes any subsequent improvements
to such structure.

A continuous or nearly continuous mound or ridge of sand
with relatively steep seaward and landward slopes immediately landward
and adjacent to the beach and subject to erosion and overtopping from
high tides and waves during major coastal storms. The inland limit
of the primary frontal dune occurs at the point where there is a distinct
change from a relatively steep slope to a relatively mild slope.

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in § 88-14B of this chapter.

The date of permit issuance for new construction and substantial
improvements to existing structures, provided that actual start of
construction, repair, reconstruction, rehabilitation, addition placement,
or other improvement is within 180 days after the date of issuance.
The "actual start of construction" means the first placement of permanent
construction of a building (including a manufactured home) on a site,
such as the pouring of a slab or footings, installation of pilings
or construction of columns.

Permanent construction does not include land preparation (such
as clearing, excavation, grading, or filling), or the installation
of streets or walkways, or excavation for a basement, footings, piers
or foundations, or the erection of temporary forms, or the installation
of accessory buildings such as garages or sheds not occupied as dwelling
units or not part of the main building. For a substantial improvement,
the "actual start of construction" means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.

Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.

Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
The term includes structures which have incurred "substantial damage,"
regardless of the actual repair work performed. The term does not,
however, include either:

Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions;
or

In
their interpretation and application, the provisions of this chapter
shall be held to be minimum requirements, adopted for the promotion
of the public health, safety, and welfare. Whenever the requirements
of this chapter are at variance with the requirements of any other
lawfully adopted rules, regulations, or ordinances, the most restrictive,
or that imposing the higher standards, shall govern.

No structure in an area of special flood hazard shall hereafter be constructed, located, extended, converted, or altered and no land shall be excavated or filled without full compliance with the terms of this chapter and any other applicable regulations. Any infraction of the provisions of this chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Village of Amityville from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this chapter for which the developer and/or owner has not applied for and received an approved variance under §§ 88-16 and 88-17 will be declared noncompliant and notification sent to the Federal Emergency Management Agency.

The degree of flood protection required by this chapter is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by man-made or natural causes.
This chapter does not imply that land outside the area of special
flood hazards or uses permitted within such areas will be free from
flooding or flood damages. This chapter shall not create liability
on the part of the Village of Amityville, any officer or employee
thereof, or the Federal Emergency Management Agency, for any flood
damages that result from reliance on this chapter or any administrative
decision lawfully made thereunder.

Purpose. A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in this community for the purpose of protecting its citizens from increased flood hazards and insuring that new development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in § 88-6, without a valid floodplain development permit. Application for a permit shall be made on forms furnished by the Local Administrator and may include, but not be limited to plans, in duplicate, drawn to scale and showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. The building permit issued by the Code Enforcement Officer shall also serve as the floodplain development permit, provided that all applicable provisions of this chapter have been complied with in the issuance of said permit.

Fees. All applications for a floodplain development permit shall
be accompanied by an application fee established by the Board of Trustees
by resolution. In addition, the applicant shall be responsible for
reimbursing the Village for any additional costs necessary for review,
inspection and approval of the project. The Local Administrator may
require a deposit of no more than $500 to cover these additional costs.

The applicant shall provide the following information as appropriate.
Additional information may be required on the permit application form.
The building permit application shall also serve as the application
for a floodplain development permit, provided that all information
required in this section is provided with such application.

The proposed elevation, in relation to mean sea level, of the lowest
floor (including basement or cellar) of any new or substantially improved
structure to be located in Zones A1-A30, AE or AH, or Zone A if base
flood elevation data are available. Upon completion of the lowest
floor, the permittee shall submit to the Local Administrator the as-built
elevation, certified by a licensed professional engineer or surveyor.

The proposed elevation, in relation to mean sea level, of the bottom
of the lowest structural member of the lowest floor (excluding pilings
and columns) of any new or substantially improved structure to be
located in Zones V1-V30 or VE, or Zone V if base flood elevation data
are available. Upon completion of the lowest floor, the permittee
shall submit to the Local Administrator the as-built elevation, certified
by a licensed professional engineer or surveyor.

The proposed elevation, in relation to mean sea level, to which any
new or substantially improved nonresidential structure will be floodproofed.
Upon completion of the floodproofed portion of the structure, the
permittee shall submit to the Local Administrator the as-built floodproofed
elevation, certified by a professional engineer or surveyor.

A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Computations by a licensed professional engineer must be submitted that demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment. The applicant must submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in § 88-6, when notified by the Local Administrator, and must pay any fees or other costs assessed by FEMA for this purpose. The applicant must also provide assurances that the conveyance capacity of the altered or relocated stream segment will be maintained.

A technical analysis, by a licensed professional engineer, if required
by the Local Administrator, which shows whether proposed development
to be located in an area of special flood hazard may result in physical
damage to any other property.

In Zone A, when no base flood elevation data are available from other
sources, base flood elevation data shall be provided by the permit
applicant for subdivision proposals and other proposed developments
(including proposals for manufactured home and recreational vehicle
parks and subdivisions) that are greater than either 50 lots or five
acres.

In Zones V1-V30 and VE, and also Zone V if base flood elevation are
available, designs and specifications, certified by a licensed professional
engineer or architect, for any breakaway walls in a proposed structure
with design strengths in excess of 20 pounds per square foot.

In Zones V1-V30 and VE, and also Zone V if base flood elevation are
available, for all new and substantial improvements to structures,
floodplain development permit applications shall be accompanied by
design plans and specifications, prepared in sufficient detail to
enable independent review of the foundation support and connection
components. Said plans and specifications shall be developed or reviewed
by a licensed professional engineer or architect, and shall be accompanied
by a statement, bearing the signature of the architect or engineer,
certifying that the design and methods of construction to be used
are in accordance with accepted standards of practice and with all
applicable provisions of this chapter.

Review subdivision and other proposed new development, including manufactured home parks, to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards of § 88-15 and, in particular, § 88-15A(2), Subdivision proposals.

Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities). The Local Administrator may require the applicant to submit additional technical analyses and data necessary to complete the determination. If the proposed development may result in physical damage to any other property or fails to meet the requirements of § 88-15, Construction standards, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and resubmit the application.

When the Federal Emergency Management Agency has designated areas of special flood hazard on the community's Flood Insurance Rate Map (FIRM) but has neither produced water surface elevation data (these areas are designated Zone A or V on the FIRM) nor identified a floodway, the Local Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to § 88-13G, as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this chapter.

When base flood elevation data are not available, the Local Administrator
may use flood information from any other authoritative source, such
as historical data, to establish flood elevations within the areas
of special flood hazard, for the purposes of this chapter.

Notification to adjacent communities and the New York State Department
of Environmental Conservation prior to permitting any alteration or
relocation of a watercourse, and submittal of evidence of such notification
to the Regional Director, Region II, Federal Emergency Management
Agency.

In Zones A1-A30, AE and AH, and also Zone A if base flood elevation
data are available, upon placement of the lowest floor or completion
of floodproofing of a new or substantially improved structure, obtain
from the permit holder a certification of the as-built elevation of
the lowest floor or floodproofed elevation, in relation to mean sea
level. The certificate shall be prepared by or under the direct supervision
of a licensed land surveyor or professional engineer and certified
by same. For manufactured homes, the permit holder shall submit the
certificate of elevation upon placement of the structure on the site.
A certificate of elevation must also be submitted for a recreational
vehicle if it remains on a site for 180 consecutive days or longer
(unless it is fully licensed and ready for highway use).

In Zones V1-V30 and VE, and also Zone V if base flood elevation data
are available, upon placement of the lowest floor of a new or substantially
improved structure, the permit holder shall submit to the Local Administrator
a certificate of elevation, in relation to mean sea level, of the
bottom of the lowest structural member of the lowest floor (excluding
pilings and columns). The certificate shall be prepared by or under
the direct supervision of a licensed land surveyor or professional
engineer and certified by same. For manufactured homes, the permit
holder shall submit the certificate of elevation upon placement of
the structure on the site. An elevation certificate must also be submitted
for a recreational vehicle if it remains on a site 180 consecutive
days or longer (unless it is fully licensed and ready for highway
use).

Any further work undertaken prior to submission and approval of the
certification shall be at the permit holder's risk. The Local
Administrator shall review all data submitted. Deficiencies detected
shall be cause to issue a stop-work order for the project unless immediately
corrected.

Inspections. The Local Administrator and/or the developer's
engineer or architect shall make periodic inspections at appropriate
times throughout the period of construction in order to monitor compliance
with permit conditions and enable said inspector to certify, if requested,
that the development is in compliance with the requirements of the
floodplain development permit and/or any variance provisions.

The Local Administrator shall issue, or cause to be issued, a stop-work order for any floodplain development found ongoing without a development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 88-9 of this chapter.

The Local Administrator shall issue, or cause to be issued, a stop-work order for any floodplain development found noncompliant with the provisions of this chapter and/or the conditions of the development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 88-9 of this chapter.

In areas of special flood hazard, as determined by documents enumerated in § 88-6, it shall be unlawful to occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the Local Administrator stating that the building or land conforms to the requirements of this chapter.

Issuance of the certificate shall be based upon the inspections conducted as prescribed in § 88-14E, Inspections, and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements or encroachment analyses which may have been required as a condition of the approved permit.

General standards. The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in § 88-6.

Subdivision proposals. The following standards apply to all new subdivision
proposals and other proposed development in areas of special flood
hazard (including proposals for manufactured home and recreational
vehicle parks and subdivisions):

The applicant demonstrates that the cumulative effect of the
proposed development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the
base flood more than one foot at any location; or

The Village of Amityville agrees to apply to the Federal Emergency
Management Agency (FEMA) for a conditional FIRM revision, FEMA approval
is received and the applicant provides all necessary data, analyses
and mapping and reimburses the Village of Amityville for all fees
and other costs in relation to the application. The applicant must
also provide all data, analyses and mapping and reimburse the Village
of Amityville for all costs related to the final map revision.

On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in § 88-6, no new construction, substantial improvements or other development in the floodway (including fill) shall be permitted unless:

The Village of Amityville agrees to apply to the Federal Emergency
Management Agency (FEMA) for a conditional FIRM and floodway revision,
FEMA approval is received and the applicant provides all necessary
data, analyses and mapping and reimburses the Village of Amityville
for all fees and other costs in relation to the application. The applicant
must also provide all data, analyses and mapping and reimburse the
Village of Amityville for all costs related to the final map revisions.

Anchoring. New structures and substantial improvement to structures
in areas of special flood hazard shall be anchored to prevent flotation,
collapse, or lateral movement during the base flood. This requirement
is in addition to applicable state and local anchoring requirements
for resisting wind forces.

For enclosed areas below the lowest floor of a structure within
Zones A1-A30, AE or AH, and also Zone A if base flood elevation data
are available, new and substantially improved structures shall have
fully enclosed areas below the lowest floor that are usable solely
for parking of vehicles, building access or storage in an area other
than a basement and which are subject to flooding, designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for
the entry and exit of floodwaters. Designs for meeting this requirement
must either be certified by a licensed professional engineer or architect
or meet or exceed the following minimum criteria:

Openings may be equipped with louvers, valves, screens or other
coverings or devices, provided they permit the automatic entry and
exit of floodwaters. Enclosed areas subgrade on all sides are considered
basements and are not permitted.

Within Zones V1-V30 and VE, and also within Zone V if base flood
elevation are available, new construction and substantial improvements
shall have the space below the lowest floor either free from obstruction
or constructed with nonsupporting breakaway walls, open wood latticework
or insect screening intended to collapse under wind and water loads
without causing collapse, displacement, or other structural damage
to the elevated portion of the building or supporting foundation system.
The enclosed space below the lowest floor shall be used only for parking
vehicles, building access or storage. Use of this space for human
habitation is expressly prohibited. The construction of stairs, stairwells
and elevator shafts are subject to the design requirements for breakaway
walls.

New and replacement electrical equipment, heating, ventilating,
air conditioning, plumbing connections, and other service equipment
shall be located at or above the base flood elevation or be designed
to prevent water from entering and accumulating within the components
during a flood and to resist hydrostatic and hydrodynamic loads and
stresses. Electrical wiring and outlets, switches, junction boxes
and panels shall be elevated to or above the base flood elevation
unless they conform to the appropriate provisions of the electrical
part of the Building Code of New York State or the Residential Code
of New York State for location of such items in wet locations;

New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of floodwaters. Sanitary sewer
and storm drainage systems for buildings that have openings below
the base flood elevation shall be provided with automatic backflow
valves or other automatic backflow devices that are installed in each
discharge line passing through a building's exterior wall; and

Elevation. The following standards apply to new and substantially improved residential structures located in areas of special flood hazard, in addition to the requirements in Subsection A(2), Subdivision proposals, and Subsection A(3) Encroachments, and Subsection B, Standards for all structures.

Within Zones A1-A30, AE and AH and also Zone A if base flood
elevation data are available, new construction and substantial improvements
shall have the lowest floor (including basement) elevated to or above
two feet above the base flood elevation.

Within Zone A, when no base flood elevation data are available,
new and substantially improved structures shall have the lowest floor
(including basement) elevated at least three feet above the highest
adjacent grade.

Within Zone AO, new and substantially improved structures shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in § 88-6 (at least two feet if no depth number is specified).

Residential structures (coastal high hazard areas). The following standards, in addition to the standards in Subsection A(1), Coastal high hazard areas, Subsection A(2), Subdivision proposals, and Subsection B, Standards for all structures, apply to new and substantially improved residential structures located in areas of special flood hazard shown as Zones V1-V30, VE or V on the community's Flood Insurance Rate Map designated in § 88-6.

Elevation. New construction and substantial improvements shall be
elevated on pilings, columns or shear walls such that the bottom of
the lowest horizontal structural member supporting the lowest elevated
floor (excluding columns, piles, diagonal bracing attached to the
piles or columns, grade beams, pile caps and other members designed
to either withstand storm action or break away without imparting damaging
loads to the structure) is elevated to or above two feet above base
flood elevation so as not to impede the flow of water.

The structural design shall be adequate to resist water forces
that would occur during the base flood. Horizontal water loads considered
shall include inertial and drag forces of waves, current drag forces,
and impact forces from waterborne storm debris. Dynamic uplift loads
shall also be considered if bulkheads, walls, or other natural or
man-made flow obstructions could cause wave runup beyond the elevation
of the base flood.

Buildings shall be designed and constructed to resist the forces
due to wind pressure. Wind forces on the superstructure include windward
and leeward forces on vertical walls, uplift on the roof, internal
forces when openings allow wind to enter the house, and upward force
on the underside of the house when it is exposed. In the design, the
wind should be assumed to blow potentially from any lateral direction
relative to the house.

The pilings or column foundation and structure attached thereto
shall be adequately anchored to resist flotation, collapse or lateral
movement due to the effects of wind and water pressures acting simultaneously
on all building components. Foundations must be designed to transfer
safely to the underlying soil all loads due to wind, water, dead load,
live load and other loads (including uplift due to wind and water).

The design ratio of pile spacing to pile diameter shall not
be less than 8:1 for individual piles (this shall not apply to pile
clusters located below the design grade). The maximum center-to-center
spacing of wood piles shall not be more than 12 feet on center under
load-bearing sills, beams, or girders.

Pilings shall have adequate soil penetration (bearing capacity)
to resist the combined wave and wind loads (lateral and uplift) associated
with the base flood acting simultaneously with typical structure (live
and dead) loads, and shall include consideration of decreased resistance
capacity caused by erosion of soil strata surrounding the piles. The
minimum penetration for foundation piles is to an elevation of five
feet below mean sea level (msl) datum if the BFE is +10 msl or less,
or to be at least 10 feet below msl if the BFE is greater than +10
msl.

Pile foundation analysis shall also include consideration of
piles in column action from the bottom of the structure to the stable
soil elevation of the site. Pilings may be horizontally or diagonally
braced to withstand wind and water forces.

The minimum acceptable sizes for timber piles are a tip diameter
of eight inches for round timber piles and eight inches by eight inches
for square timber piles. All wood piles must be treated in accordance
with requirements of EPEE-C3 to minimize decay and damage from fungus.

Reinforced concrete piles shall be cast of concrete having a
tweny-eight-day ultimate compressive strength of not less than 5,000
pounds per square inch, and shall be reinforced with a minimum of
four longitudinal steel bars having a combined area of not less than
1% nor more than 4% of the gross concrete area. Reinforcing for precast
piles shall have a concrete cover of not less than 1 1/4 inches
for No. 5 bars and smaller and not less than 1 1/2 inches for
No. 6 through No. 11 bars. Reinforcement for piles cast in the field
shall have a concrete cover of not less than two inches.

When necessary, piles shall be braced at the ground line in
both directions by a wood timber grade beam or a reinforced concrete
grade beam. These at-grade supports should be securely attached to
the piles to provide support even if scoured from beneath.

Diagonal bracing between piles, consisting of two-inch-by-eight-inch
(minimum) members bolted to the piles, shall be limited in location
to below the lowest supporting structural member and above the stable
soil elevation, and aligned in the vertical plane along pile rows
perpendicular to the shoreline. Galvanized steel rods (minimum diameter
1/2 inch) or cable-type bracing is permitted in any plane.

Knee braces, which stiffen both the upper portion of a pile
and the beam-to-pile connection, may be used along pile rows perpendicular
and parallel to the shoreline. Knee braces shall be two-by-eight lumber
bolted to the sides of the pile/beam, or four-by-four or larger braces
framed into the pile/beam. Bolting shall consist of two 5/8-inch galvanized
steel bolts (each end) for two-by-eight members, or one 5/8-inch lag
bolt (each end) for square members. Knee braces shall not extend more
than three feet below the elevation of the base flood.

Column foundation design. Masonry piers or poured-in-place concrete
piers shall be internally reinforced to resist vertical and lateral
loads, and be connected with a movement-resisting connection to a
pile cap or pile shaft.

Connectors and fasteners. Galvanized metal connectors, wood connectors,
or bolts of size and number adequate for the calculated loads must
be used to connect adjoining components of a structure. Toe nailing
as a principal method of connection is not permitted. All metal connectors
and fasteners used in exposed locations shall be steel, hot-dipped
galvanized after fabrication. Connectors in protected interior locations
shall be fabricated from galvanized sheet.

Beam-to-pile connections. The primary floor beams or girders shall
span the supports in the direction parallel to the flow of potential
floodwater and wave action and shall be fastened to the columns or
pilings by bolting, with or without cover plates. Concrete members
shall be connected by reinforcement, if cast in place, or (if precast)
shall be securely connected by bolting and welding. If sills, beams,
or girders are attached to wood piling at a notch, a minimum of two
5/8-inch galvanized steel bolts or two hot-dipped galvanized straps
3/16 inch by four inches by 18 inches each bolted with two 1/2 inch
lag bolts per beam member shall be used. Notching of pile tops shall
be the minimum sufficient to provide ledge support for beam members
without unduly weakening pile connections. Piling shall not be notched
so that the cross section is reduced below 50%.

Wood two-inch-by-four-inch (minimum) connectors or metal joist
anchors shall be used to tie floor joists to floor beams/girders.
These should be installed on alternate floor joists, at a minimum.
Cross-bridging of all floor joists shall be provided. Such cross-bridging
may be one-inch-by-three-inch members, placed eight feet on-center
maximum, or solid bridging of same depth as joist at same spacing.

Plywood should be used for subflooring and attic flooring to
provide good torsional resistance in the horizontal plane of the structure.
The plywood should not be less than 3/4-inch total thickness, and
should be exterior grade and fastened to beams or joists with 8d annular
or spiral thread galvanized nails. Such fastening shall be supplemented
by the application of waterproof industrial adhesive applied to all
bearing surfaces.

Exterior wall connections. All bottom plates shall have any required
breaks under a wall stud or an anchor bolt. Approved anchors will
be used to secure rafters or joists and top and bottom plates to studs
in exterior and bearing walls to form a continuous tie. Continuous
15/32 inch or thicker plywood sheathing, overlapping the top wall
plate and continuing down to the sill, beam, or girder, may be used
to provide the continuous tie. If the sheets of plywood are not vertically
continuous, then two-by-four nailer blocking shall be provided at
all horizontal joints. In lieu of the plywood, galvanized steel rods
of 1/2-inch diameter or galvanized steel straps not less than one
inch wide by 1/16 inch thick may be used to connect from the top wall
plate to the sill, beam, or girder. Washers with a minimum diameter
of three inches shall be used at each end of the 1/2-inch round rods.
These anchors shall be installed no more than two feet from each corner
rod, no more than four feet on center.

Ceiling joist/rafter connections. All ceiling joists or rafters
shall be installed in such a manner that the joists provide a continuous
tie across the rafters. Ceiling joists and rafters shall be securely
fastened at their intersections. A metal or wood connector shall be
used at alternate ceiling joist/rafter connections to the wall top
plate. Gable roofs shall be additionally stabilized by installing
two-by-four blocking on two-foot centers between the rafters at each
gable end. Blocking shall be installed a minimum of eight feet toward
the house interior from each gable end.

Projecting members. All cantilevers and other projecting members
must be adequately supported and braced to withstand wind and water
uplift forces. Roof eave overhangs shall be limited to a maximum of
two feet and joist overhangs to a maximum of one foot. Larger overhangs
and porches will be permitted if designed or reviewed and certified
by a registered professional engineer or architect.

Plywood, or other wood material, when used as roof sheathing,
shall not be less than 15/32 inch in thickness, and shall be of exterior
sheathing grade or equivalent. All attaching devices for sheathing
and roof coverings shall be galvanized or be of other suitable corrosion-resistant
material.

All corners, gable ends, and roof overhangs exceeding six inches
shall be reinforced by the application of waterproof industrial adhesive
applied to all bearing surfaces of any plywood sheet used in the sheathing
of such corner, gable end, or roof overhang.

In addition, roofs should be sloped as steeply as practicable
to reduce uplift pressures, and special care should be used in securing
ridges, hips, valleys, eaves, vents, chimneys, and other points of
discontinuity in the roofing surface.

Protection of openings. All exterior glass panels, windows,
and doors shall be designed, detailed, and constructed to withstand
loads due to the design wind speed of 75 mph. Connections for these
elements must be designed to transfer safely the design loads to the
supporting structure. Panel widths of multiple panel sliding glass
doors shall not exceed three feet.

The breakaway wall shall have a design safe loading resistance
of not less than 10 and not more than 20 pounds per square foot, with
the criterion that the safety of the overall structure at the point
of wall failure be confirmed using established procedures. Grade beams
shall be installed in both directions for all piles considered to
carry the breakaway wall load. Knee braces are required for front
row piles that support breakaway walls.

Use of breakaway wall strengths in excess of 20 pounds per square
foot shall not be permitted unless a registered professional engineer
or architect has developed or reviewed the structural design and specifications
for the building foundation and breakaway wall components, and certifies
that the breakaway walls will fail under water loads less than those
that would occur during the base flood; and the elevated portion of
the building and supporting foundation system will not be subject
to collapse, displacement, or other structural damage due to the effects
of wind and water loads acting simultaneously on all building components
(structural and nonstructural). Water-loading values used shall be
those associated with the base flood. Wind-loading values shall be
those required by the building code.

Nonresidential structures (except coastal high hazard areas). The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures located in areas of special flood hazard, in addition to the requirements in Subsection A(2), Subdivision proposals, Subsection A(3), Encroachments, and Subsection B, Standards for all structures.

Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation
data are available, new construction and substantial improvements
of any nonresidential structure, together with attendant utility and
sanitary facilities, shall either:

Be floodproofed so that the structure is watertight below two
feet above the base flood elevation with walls substantially impermeable
to the passage of water. All structural components located below the
base flood elevation must be capable of resisting hydrostatic and
hydrodynamic loads and the effects of buoyancy.

Have the lowest floor (including basement) elevated above the
highest adjacent grade at least as high as two feet above the depth
number specified in feet on the community's FIRM (at least two
feet if no depth number is specified); or

If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications, and plans for construction. A floodproofing certificate or other certification shall be provided to the Local Administrator that certifies the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of Subsection E(1)(b), including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed.

Nonresidential structures (coastal high hazard areas). In Zones V1-V30,
VE and also Zone V if base flood elevations are available, new construction
and substantial improvements of any nonresidential structure, together
with attendant utility and sanitary facilities, shall have the bottom
of lowest member of the lowest floor elevated to or above two feet
above the base flood elevation. Floodproofing of structures is not
an allowable alternative to elevating the lowest floor to two feet
above the base flood elevation in Zones V1-V30, VE and V.

Manufactured homes and recreational vehicles. The following standards in addition to the standards in Subsection A, General standards, and Subsection B, Standards for all structures, apply, as indicated, in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard.

A recreational vehicle is ready for highway use if it is on
its wheels or jacking system, is attached to the site only by quick-disconnect-type
utilities and security devices and has no permanently attached additions.

A manufactured home that is placed or substantially improved in Zones
A1-A30, AE, AH, V1-V30, V, and VE shall be elevated on a permanent
foundation such that the lowest floor is elevated to or above two
feet above the base flood elevation and is securely anchored to an
adequately anchored foundation system to resist flotation, collapse
and lateral movement. Elevation on piers consisting of dry stacked
blocks is prohibited.

Within Zones A or V, when no base flood elevation data are available,
new and substantially improved manufactured homes shall be elevated
such that the manufactured home chassis is supported by reinforced
piers or other foundation elements of at least equivalent strength
that are no less than 36 inches in height above grade and are securely
anchored to an adequately anchored foundation system to resist flotation,
collapse or lateral movement. Elevation on piers consisting of dry
stacked blocks is prohibited.

Within Zone AO, the floor shall be elevated above the highest adjacent grade at least as high as the depth number specified on the Flood Insurance Rate Map enumerated in § 88-6 (at least two feet if no depth number is specified). Elevation on piers consisting of dry stacked blocks is prohibited.

The Zoning Board of Appeals shall hear and decide appeals when it
is alleged there is an error in any requirement, decision, or determination
made by the Local Administrator in the enforcement or administration
of this chapter.

The costs of providing governmental services during and after flood
conditions, including search and rescue operations, maintenance and
repair of public utilities and facilities such as sewer, gas, electrical,
and water systems and streets and bridges.

Upon consideration of the factors of Subsection D, and the purposes of this chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood elevation, providing items in § 88-16D(1) through (12) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.

A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on or victimization
of the public or conflict with existing local laws or ordinances.

Any applicant to whom a variance is granted for a building with the
lowest floor below the base flood elevation shall be given written
notice over the signature of a community official that the cost of
flood insurance will be commensurate with the increased risk resulting
from lowest floor elevation.